In re Withers

786 So. 2d 724 (La. 2001) · Supreme Court of Louisiana · May 4, 2001

Summary

The Louisiana Supreme Court reviewed a joint petition for consent discipline concerning Leila Selden Withers’s unauthorized practice of law while ineligible, acceptance and retention of unearned client funds, and related professional-conduct violations. The court ordered that she be disbarred, struck her name from the roll of attorneys, revoked her Louisiana license, and required full restitution to the client.

Holdings

  1. Disbarment was an appropriate sanction where an attorney knowingly practiced law while ineligible, accepted client funds, failed to perform the promised services, and refused to return unearned fees, particularly in the presence of aggravating factors and no mitigating factors.
  2. The disbarred attorney must make full restitution of the $4,530 in fees accepted from the client.

Questions Presented

  1. Whether disbarment was an appropriate sanction for accepting client funds and attempting to practice law while ineligible to do so.
  2. Whether Withers should be ordered to make full restitution to the client.

Disposition

other

Cases Cited (5)

  • Louisiana State Bar Ass'n v. Guidry, 571 So. 2d 161 (La. 1990)(followed)
  • Louisiana State Bar Ass'n v. Whittington, 459 So. 2d 520 (La. 1984)(followed)
  • In re Richard, 00-1418 (La. 9/1/00), 767 So. 2d 36(followed)
  • In re Jones, 99-1036 (La. 10/19/99), 747 So. 2d 1081(followed)
  • In re Withers, 99-2951 (La. 11/19/99), 747 So. 2d 514(prior proceeding)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…